FCC Pre-emption Would Set 'Dangerous Precedent,' Says Bay Area Agency

Take “a light regulatory approach” and don't pre-empt local governments to spur wireless deployment, the Marin (California) Telecommunications Agency (MTA) urged the FCC, posted Thursday in docket 17-84. “The Commission appears to be on the cusp of a rulemaking that would cripple local government authority,” said MTA, a local authority including Marin County and nine cities and towns near San Francisco. “All this damage would be done for the purpose of providing one industry and one technology with … preferential treatment subsidized by local taxpayers and other users of the public rights of way. The MTA is struggling to identify another industry that the federal government forces local government to subsidize in such a manner, and … we believe the Commission is setting a dangerous precedent if it continues.” MTA supports communications deployment including small cells, but delays may happen due to missing or incomplete applications by industry and design, location and appearance issues, it said. The FCC last week circulated a draft order targeting “outlier” conduct by local governments said to be slowing 5G deployment, while some localities sought reconsideration of an August order to pre-empt moratoriums (see 1809050029).